Ending employment after expired 6mth contract
Discussion
Afternoon all,
We got a chap in to do some basic construction work for us last year about October time, he was working as a subcontractor and did the work for us fine. As our workload did not decrease after this and we wanted him to stick around, we obviously had to take him on permanently. His contract was for an initial 6 mths, to be extended if both parties agreed. That was signed on 1st March 2014.
Its becoming apparent to us that his skill set isn't as great as hoped, and tbh we're having issues with his quality of work as well when asked to do anything that resembles an intricate job. As such, realistically we don't want to keep him on any longer as workload has also now decreased to a more sensible level again.
Now my question: Technically his contract ended 1st Sept 2014, so a couple of weeks back. I hadn't realised it was that soon, and we've paid him for the last couple of weeks as normal. Where do we stand with regards to terminating his employment?
I know we're within the 2 years still, but have we royally ballsed up on the 6mth contract expiring and not being renewed? Any input welcome.
We got a chap in to do some basic construction work for us last year about October time, he was working as a subcontractor and did the work for us fine. As our workload did not decrease after this and we wanted him to stick around, we obviously had to take him on permanently. His contract was for an initial 6 mths, to be extended if both parties agreed. That was signed on 1st March 2014.
Its becoming apparent to us that his skill set isn't as great as hoped, and tbh we're having issues with his quality of work as well when asked to do anything that resembles an intricate job. As such, realistically we don't want to keep him on any longer as workload has also now decreased to a more sensible level again.
Now my question: Technically his contract ended 1st Sept 2014, so a couple of weeks back. I hadn't realised it was that soon, and we've paid him for the last couple of weeks as normal. Where do we stand with regards to terminating his employment?
I know we're within the 2 years still, but have we royally ballsed up on the 6mth contract expiring and not being renewed? Any input welcome.
Does the contract say that if extended it is for another six months or simply that it can be continued by agreement? If the latter it is terminable on reasonable notice. Statutory minimum is one week at this point, but longer notice may be inferred as a matter of contract. A month would be a safe inference.
Thanks, that's kinda what I was thinking. I'll dig the exact wording out tomorrow though, and post it up.
I don't want to leave the guy totally in the lurch, especially the closer we get to Xmas, but at the same time we can't afford to keep someone on forever when we have little work for him.
I don't want to leave the guy totally in the lurch, especially the closer we get to Xmas, but at the same time we can't afford to keep someone on forever when we have little work for him.
The wording is:
"Your employment with Company X commenced on 01/03/14.
The contract length is for an initial 6 month period, ending 01/09/14.
The contract may be extended by Company X in agreement with yourself during those 6 months. Any further contract offer may only be made by Director X or Director Y"
It then goes onto say that the employee must give 1 mth notice, but the company only statutory notice, one week for each year. Looking at that, I don't think that's very fair really, so would one month be seen as suitable given the circumstances?
"Your employment with Company X commenced on 01/03/14.
The contract length is for an initial 6 month period, ending 01/09/14.
The contract may be extended by Company X in agreement with yourself during those 6 months. Any further contract offer may only be made by Director X or Director Y"
It then goes onto say that the employee must give 1 mth notice, but the company only statutory notice, one week for each year. Looking at that, I don't think that's very fair really, so would one month be seen as suitable given the circumstances?
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